REQUEST FOR PROPOSAL (RFP 44/2015) RFP 44/2015 Feasibility Study for Wastewater Management Options in the Strumica River Basin DATE: October 16, 2015 REFERENCE: Strumica River Basin Dear Sir / Madam: We kindly invite you to submit your Proposal for RFP 44/2015 Feasibility Study for Wastewater Management Options in the Strumica River Basin Please be guided by the form attached hereto as Annex 2, in preparing your Proposal. Proposals may be submitted on or before Thursday, November 05, 2015 via courier mail or hand delivery to the address below: UNDP RFP 44/2015 Feasibility Study for Wastewater Management Options in the Strumica River Basin Jordan Hadzi Konstantinov-Dzinot 23, 1000 Skopje DO NOT OPEN BEFORE, November 05, 2015 at 10:00 Your Proposal must be expressed in the English, and valid for a minimum period of 120 days. In the course of preparing your Proposal, it shall remain your responsibility to ensure that it reaches the address above on or before the deadline. Proposals that are received by UNDP after the deadline indicated above, for whatever reason, shall not be considered for evaluation. Services proposed shall be reviewed and evaluated based on completeness and compliance of the Proposal and responsiveness with the requirements of the RFP and all other annexes providing details of UNDP requirements. The Proposal that complies with all of the requirements, meets all the evaluation criteria and offers the best value for money shall be selected and awarded the contract. Any offer that does not meet the requirements shall be rejected. Any discrepancy between the unit price and the total price shall be re-computed by UNDP, and the unit price shall prevail and the total price shall be corrected. If the Service Provider does not accept the final price based on UNDP’s re-computation and correction of errors, its Proposal will be rejected. No price variation due to escalation, inflation, fluctuation in exchange rates, or any other market factors shall be accepted by UNDP after it has received the Proposal. At the time of Award of Contract or 1 Purchase Order, UNDP reserves the right to vary (increase or decrease) the quantity of services and/or goods, by up to a maximum twenty five per cent (25%) of the total offer, without any change in the unit price or other terms and conditions. Any Contract or Purchase Order that will be issued as a result of this RFP shall be subject to the General Terms and Conditions attached hereto. The mere act of submission of a Proposal implies that the Service Provider accepts without question the General Terms and Conditions of UNDP, herein attached as Annex 3. Please be advised that UNDP is not bound to accept any Proposal, nor award a contract or Purchase Order, nor be responsible for any costs associated with a Service Providers preparation and submission of a Proposal, regardless of the outcome or the manner of conducting the selection process. UNDP’s vendor protest procedure is intended to afford an opportunity to appeal for persons or firms not awarded a Purchase Order or Contract in a competitive procurement process. In the event that you believe you have not been fairly treated, you can find detailed information about vendor protest procedures in the following link: http://www.undp.org/content/undp/en/home/operations/procurement/protestandsanctions/ UNDP encourages every prospective Service Provider to prevent and avoid conflicts of interest, by disclosing to UNDP if you, or any of your affiliates or personnel, were involved in the preparation of the requirements, design, cost estimates, and other information used in this RFP. UNDP implements a zero tolerance on fraud and other proscribed practices, and is committed to preventing, identifying and addressing all such acts and practices against UNDP, as well as third parties involved in UNDP activities. UNDP expects its Service Providers to adhere to the UN Supplier Code of Conduct found in this link : http://www.un.org/depts/ptd/pdf/conduct_english.pdf Thank you and we look forward to receiving your Proposal. 2 Annex 1 Description of Requirements Context of the Requirement Implementing Partner of UNDP Brief Description of the Required Services1 List and Description of Expected Outputs to be Delivered Person to Supervise the Work/Performance of the Service Provider Frequency of Reporting Feasibility Study for Wastewater Management Options in the Strumica River Basin n/a The objective of this assignment is to provide comprehensive feasibility assessment and prepare preliminary/conceptual designs for development and implementation of wastewater management in rural communities in the SRB (total population of around 55,000). The work would include identification of efficient, practical and sustainable wastewater collection (sewerage systems) and (semi)-decentralized small-scale treatment solutions for the selected communities, currently not covered with wastewater management service. The feasibility study shall provide sufficient information on possible grouping of different villages and/or communities into one system, selection of appropriate wastewater treatment plants (WWTPs) micro locations, and selection of most feasible wastewater treatment technology (ies). The assignment also involves expert support to the selection process of the consequent pilot projects aimed at demonstrating the viability and benefits of a small-scale decentralized wastewater treatment system in selected two rural communities in SRB. The Contractor is expected to assist the selection process by establishing the selection criteria and participating in the selection of the most cost-effective treatment option(s) and locations and preparation of corresponding preliminary designs. 1. Feasibility study for wastewater management in the rural areas of SRB (in Macedonian and English) 2. Terms of Reference for developing detailed engineering design for the sewerage networks and identified wastewater treatment options (in Macedonian and English) 3. Selection criteria for implementation of two wastewater treatment systems (in Macedonian and English) 4. Preliminary design and corresponding technical documentation for the two selected wastewater treatment systems (in Macedonian and English) 5. Various progress reports at different stages of the assignment (in Macedonian and English) Project Manager Indicated in the TOR below 1 A detailed TOR may be attached if the information listed in this Annex is not sufficient to fully describe the nature of the work and other details of the requirements. 3 Progress Reporting Requirements Expected duration of work Target start date Latest completion date Implementation Schedule indicating breakdown and timing of activities/subactivities Names and curriculum vitae of individuals who will be involved in completing the services Currency of Proposal Value Added Tax on Price Proposal2 Validity Period of Proposals (Counting for the last day of submission of quotes) Partial Quotes Indicated in the TOR below 7 months upon signing of the contract 15 November 2015 10 June 2016 ☒ Required ☐ Not Required ☒ Required ☐ Not Required ☐ United States Dollars ☐ Euro ☒ Local Currency (MKD for domestic bidders) ☐ must be inclusive of VAT and other applicable indirect taxes ☒ must be exclusive of VAT ☐ 60 days ☐ 90 days ☒ 120 days In exceptional circumstances, UNDP may request the Proposer to extend the validity of the Proposal beyond what has been initially indicated in this RFP. The Proposal shall then confirm the extension in writing, without any modification whatsoever on the Proposal. ☒ Not permitted ☐ Permitted [pls. provide conditions for partial quotes, and ensure that requirements are properly listed to allow partial quotes (e.g., in lots, etc.)] Payment Terms3 The payment will be processed in instalments based on the milestones defined in the contract and in accordance to the company’s proposed methodology and approach Person(s) to review/inspect/ approve outputs/completed services and authorize the disbursement of payment Project Manager 2 VAT exemption status varies from one country to another. Pls. check whatever is applicable to the UNDP CO/BU requiring the service. 3 UNDP preference is not to pay any amount in advance upon signing of contract. If the Service Provider strictly requires payment in advance, it will be limited only up to 20% of the total price quoted. For any higher percentage, or any amount advanced exceeding $30,000, UNDP shall require the Service Provider to submit a bank guarantee or bank cheque payable to UNDP, in the same amount as the payment advanced by UNDP to the Service Provider. 4 Type of Contract to be Signed Criteria for Contract Award Criteria for the Assessment of Proposal Criteria for contract award UNDP will award the contract to: Annexes to this RFP5 Contact Person for Inquiries (Written inquiries only)8 ☐ Purchase Order ☐ Institutional Contract ☒ Contract for Professional Services ☐ Long-Term Agreement4 ☐ Other Type of Contract ☐ Lowest Price Quote among technically responsive offers ☒ Highest Combined Score (based on the 70% technical offer and 30% price weight distribution) ☒ Full acceptance of the UNDP Contract General Terms and Conditions (GTC). This is a mandatory criteria and cannot be deleted regardless of the nature of services required. Non acceptance of the GTC may be grounds for the rejection of the Proposal. Technical Proposal (qualified with 70% of 700points) ☒ Expertise of the Firm 180 ☒ Methodology, its Appropriateness to the Condition and Timeliness of the Implementation Plan 250 ☒ Management Structure and Qualification of Key Personnel 270 Max 700/qualified from 490points Financial Proposal (30%) To be computed as a ratio of the Proposal’s offer to the lowest price among the proposals received by UNDP. Cumulative score (technical+ financial) ☒ One and only one Service Provider ☐ One or more Service Providers, depending on the following factors : ☒ Form for Submission of Proposal (Annex 2) ☒ General Terms and Conditions / Special Conditions (Annex 3)6 ☒ Detailed TOR annex 4 ☐ Others7 [pls. specify] Procurement Unit procurement.mk@undp.org Any delay in UNDP’s response shall be not used as a reason for extending the deadline for submission, unless UNDP determines that such an extension is necessary and communicates a new deadline to the Proposers. 4 Minimum of one (1) year period and may be extended up to a maximum of three (3) years subject to satisfactory performance evaluation. This RFP may be used for LTAs if the annual purchases will not exceed $100,000.00. 5 Where the information is available in the web, a URL for the information may simply be provided. 6 Service Providers are alerted that non-acceptance of the terms of the General Terms and Conditions (GTC) may be grounds for disqualification from this procurement process. 7 A more detailed Terms of Reference in addition to the contents of this RFP may be attached hereto. 8 This contact person and address is officially designated by UNDP. If inquiries are sent to other person/s or address/es, even if they are UNDP staff, UNDP shall have no obligation to respond nor can UNDP confirm that the query was received. 5 Other Information [pls. specify] ☒ Company Profile (brief of the company, experience, Quality Certificate (e.g., ISO, etc.) ☒ Tax Registration / Payment Certificate issued by the Internal Revenue Authority evidencing that the Bidder is updated with its tax payment obligations not older than 6 months, or Certificate of Tax exemption, if any such privilege is enjoyed by the Bidder ☒ Certificate of Registration of the business ☒ List of expert/s per area of expertise. Clear indication of the name of experts per the area of expertise, along with the actual number of expert-days that each expert is allocated for each of the proposed areas of expertise. Please indicate the lead expert. ☒ CVs of all experts/team members along with a cover page summarizing their relevant qualifications for the respective areas/subareas, duly signed by the expert and confirmation that she/he is available for the entire duration of the contract ☒ Methodology with a timetable of activities ☒ Financial offer expressed in USD (International Bidders) or MKD (Domestic Bidders), VAT expressed separately (please note that if the financial offer is expressed in currency other than USD and MKD (for local vendors), it will be converted in USD according to the UNDP official exchange rate). The company shall provide the financial offer per deliverables/outputs with detailed breakdown of costs. THE FINANCIAL and financial OFFERs MUST BE SEALED IN SEPARATE ENVELOPEs. ☒ A list of minimum 5 projects of comparable nature and degree of complexity (e.g., feasibility studies for wastewater collection and treatment systems, engineering designs for wastewater collection and treatment systems or similar). List of projects to be submitted along with contact details for reference checking purposes (please indicate the e-mail addresses or telephone numbers of contact persons). ☒ Readily available references from clients are welcome 6 Annex 2 FORM FOR SUBMITTING SERVICE PROVIDER’S PROPOSAL9 (This Form must be submitted only using the Service Provider’s Official Letterhead/Stationery10) [insert: Location]. [insert: Date] To: [insert: Name and Address of UNDP focal point] Dear Sir/Madam: We, the undersigned, hereby offer to render the following services to UNDP in conformity with the requirements defined in the RFP 44 dated [specify date] , and all of its attachments, as well as the provisions of the UNDP General Contract Terms and Conditions : A. Qualifications of the Service Provider The Service Provider must describe and explain how and why they are the best entity that can deliver the requirements of UNDP by indicating the following: a) Profile – describing the nature of business, field of expertise, licenses, certifications, accreditations; b) Business Licenses – Registration Papers, Tax Payment Certification, etc. c) Track Record – list of clients for similar services as those required by UNDP, indicating description of contract scope, contract duration, contract value, contact references; d) Certificates and Accreditation – including Quality Certificates, Patent Registrations, Environmental Sustainability Certificates, etc, if any. e) Written Self-Declaration that the company is not in the UN Security Council 1267/1989 List, UN Procurement Division List or Other UN Ineligibility List. B. Qualifications of Key Personnel The Service Provider must provide: a) Names and qualifications of the key personnel that will perform the services indicating who is Team Leader, who are supporting, etc.; b) CVs demonstrating qualifications must be submitted if required by the RFP; and 9 This serves as a guide to the Service Provider in preparing the Proposal. Official Letterhead/Stationery must indicate contact details – addresses, email, phone and fax numbers – for verification purposes 10 7 c) Written confirmation from each personnel that they are available for the entire duration of the contract. DECLARATION: I confirm my intention to serve in the stated position and present availability to serve for the term of the proposed contract. I also understand that any wilful misstatement described above may lead to my disqualification, before or during my engagement. _________________________________________________ Signature of the Nominated Team Leader/Member __________________________ Date Signed 8 FORM FOR SUBMITTING SUPPLIER’S QUOTATION (This Form must be submitted only using the Supplier’s Official Letterhead/Stationery We, the undersigned, hereby accept in full the UNDP General Terms and Conditions, and hereby offer to deliver basic design in conformity with TOR and RFP Reference No.44/2015 This form shall be presented on your memo stamped and signed by your company C. Structure your financial offer per deliverables Deliverables [list them as referred to in the RFP] Deliverable 1 Deliverable 2 …. Total *This shall be the basis of the payment tranches Percentage of Total Price (Weight for payment) Price (Lump Sum, All Inclusive) 1 2 3 100% Cost breakdown shall be presented per deliverable [Name and Signature of the Service Provider’s Authorized Person] [Designation] [Date] 9 Annex 3 General Terms and Conditions for Services 1.0 LEGAL STATUS: The Contractor shall be considered as having the legal status of an independent contractor vis-àvis the United Nations Development Programme (UNDP). The Contractor’s personnel and subcontractors shall not be considered in any respect as being the employees or agents of UNDP or the United Nations. 2.0 SOURCE OF INSTRUCTIONS: The Contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its services under this Contract. The Contractor shall refrain from any action that may adversely affect UNDP or the United Nations and shall fulfill its commitments with the fullest regard to the interests of UNDP. 3.0 CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES: The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. 4.0 ASSIGNMENT: The Contractor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Contractor's rights, claims or obligations under this Contract except with the prior written consent of UNDP. 5.0 SUB-CONTRACTING: In the event the Contractor requires the services of sub-contractors, the Contractor shall obtain the prior written approval and clearance of UNDP for all sub-contractors. The approval of UNDP of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform to the provisions of this Contract. 6.0 OFFICIALS NOT TO BENEFIT: The Contractor warrants that no official of UNDP or the United Nations has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of this Contract. 10 7.0 INDEMNIFICATION: The Contractor shall indemnify, hold and save harmless, and defend, at its own expense, UNDP, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, arising out of acts or omissions of the Contractor, or the Contractor's employees, officers, agents or sub-contractors, in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen's compensation, products liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub-contractors. The obligations under this Article do not lapse upon termination of this Contract. 8.0 INSURANCE AND LIABILITIES TO THIRD PARTIES: 8.1 The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract. 8.2 The Contractor shall provide and thereafter maintain all appropriate workmen's compensation insurance, or the equivalent, with respect to its employees to cover claims for personal injury or death in connection with this Contract. 8.3 The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of services under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub-contractors performing work or services in connection with this Contract. 8.4 Except for the workmen's compensation insurance, the insurance policies under this Article shall: 8.4.1 Name UNDP as additional insured; 8.4.2 Include a waiver of subrogation of the Contractor's rights to the insurance carrier against the UNDP; 8.4.3 Provide that the UNDP shall receive thirty (30) days written notice from the insurers prior to any cancellation or change of coverage. 8.5 The Contractor shall, upon request, provide the UNDP with satisfactory evidence of the insurance required under this Article. 9.0 ENCUMBRANCES/LIENS: The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with the UNDP against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor. 11 10.0 TITLE TO EQUIPMENT: Title to any equipment and supplies that may be furnished by UNDP shall rest with UNDP and any such equipment shall be returned to UNDP at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate UNDP for equipment determined to be damaged or degraded beyond normal wear and tear. 11.0 12.0 COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS: 11.1 Except as is otherwise expressly provided in writing in the Contract, the UNDP shall be entitled to all intellectual property and other proprietary rights including, but not limited to, patents, copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how, or documents and other materials which the Contractor has developed for the UNDP under the Contract and which bear a direct relation to or are produced or prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for the UNDP. 11.2 To the extent that any such intellectual property or other proprietary rights consist of any intellectual property or other proprietary rights of the Contractor: (i) that pre-existed the performance by the Contractor of its obligations under the Contract, or (ii) that the Contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract, the UNDP does not and shall not claim any ownership interest thereto, and the Contractor grants to the UNDP a perpetual license to use such intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of the Contract. 11.3 At the request of the UNDP; the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring or licensing them to the UNDP in compliance with the requirements of the applicable law and of the Contract. 11.4 Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents, and all other data compiled by or received by the Contractor under the Contract shall be the property of the UNDP, shall be made available for use or inspection by the UNDP at reasonable times and in reasonable places, shall be treated as confidential, and shall be delivered only to UNDP authorized officials on completion of work under the Contract. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF UNDP OR THE UNITED NATIONS: The Contractor shall not advertise or otherwise make public the fact that it is a Contractor with UNDP, nor shall the Contractor, in any manner whatsoever use the name, emblem or official seal of UNDP or THE United Nations, or any abbreviation of the name of UNDP or United Nations in connection with its business or otherwise. 12 13.0 CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: Information and data that is considered proprietary by either Party and that is delivered or disclosed by one Party (“Discloser”) to the other Party (“Recipient”) during the course of performance of the Contract, and that is designated as confidential (“Information”), shall be held in confidence by that Party and shall be handled as follows: 13.1 The recipient (“Recipient”) of such information shall: 13.1.1 use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate; and, 13.1.2 use the Discloser’s Information solely for the purpose for which it was disclosed. 13.2 Provided that the Recipient has a written agreement with the following persons or entities requiring them to treat the Information confidential in accordance with the Contract and this Article 13, the Recipient may disclose Information to: 13.2.1 any other party with the Discloser’s prior written consent; and, 13.2.2 the Recipient’s employees, officials, representatives and agents who have a need to know such Information for purposes of performing obligations under the Contract, and employees officials, representatives and agents of any legal entity that it controls it, or with which it is under common control, who have a need to know such Information for purposes of performing obligations under the Contract, provided that, for these purposes a controlled legal entity means: 13.2.2.1 a corporate entity in which the Party owns or otherwise controls, whether directly or indirectly, over fifty percent (50%) of voting shares thereof; or, 13.2.2.2 any entity over which the Party exercises effective managerial control; or, 13.2.2.3 for the UNDP, an affiliated Fund such as UNCDF, UNIFEM and UNV. 13.3 The Contractor may disclose Information to the extent required by law, provided that, subject to and without any waiver of the privileges and immunities of the United Nations, the Contractor will give the UNDP sufficient prior notice of a request for the disclosure of Information in order to allow the UNDP to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made. 13.4 The UNDP may disclose Information to the extent as required pursuant to the Charter of the UN, resolutions or regulations of the General Assembly, or rules promulgated by the Secretary-General. 13.5 The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by the Recipient, or 13 at any time is developed by the Recipient completely independently of any disclosures hereunder. 13.6 14.0 15.0 These obligations and restrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any termination of the Contract. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS 14.1 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to the UNDP, of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify the UNDP of any other changes in conditions or the occurrence of any event that interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this Article, the UNDP shall take such action as, in its sole discretion; it considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under this Contract. 14.2 If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, the UNDP shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 15, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days. 14.3 Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature or force. 14.4 The Contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Contractor must perform in or for any areas in which the UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself, constitute force majeure under the Contract.. TERMINATION 15.1 Either party may terminate this Contract for cause, in whole or in part, upon thirty (30) days notice, in writing, to the other party. The initiation of arbitral proceedings in accordance with Article 16.2 (“Arbitration”), below, shall not be deemed a termination of this Contract. 15.2 UNDP reserves the right to terminate without cause this Contract at any time upon 15 days prior written notice to the Contractor, in which case UNDP shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination. 14 16.0 17.0 15.3 In the event of any termination by UNDP under this Article, no payment shall be due from UNDP to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this Contract. 15.4 Should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the Contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Contractor, the UNDP may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith. The Contractor shall immediately inform the UNDP of the occurrence of any of the above events. SETTLEMENT OF DISPUTES 16.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties. 16.2 Arbitration: Any dispute, controversy, or claim between the Parties arising out of the Contract or the breach, termination, or invalidity thereof, unless settled amicably under Article 16.1, above, within sixty (60) days after receipt by one Party of the other Party’s written request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Contract, order the termination of the Contract, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim Measures of Protection”) and Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim. PRIVILEGES AND IMMUNITIES: Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs. 15 18.0 19.0 20.0 TAX EXEMPTION 18.1 Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter-alia that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the United Nations exemption from such taxes, duties or charges, the Contractor shall immediately consult with the UNDP to determine a mutually acceptable procedure. 18.2 Accordingly, the Contractor authorizes UNDP to deduct from the Contractor's invoice any amount representing such taxes, duties or charges, unless the Contractor has consulted with the UNDP before the payment thereof and the UNDP has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide the UNDP with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized. CHILD LABOUR 19.1 The Contractor represents and warrants that neither it, nor any of its suppliers is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical mental, spiritual, moral or social development. 19.2 Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, at no cost to UNDP. MINES: 20.1 The Contractor represents and warrants that neither it nor any of its suppliers is actively and directly engaged in patent activities, development, assembly, production, trade or manufacture of mines or in such activities in respect of components primarily utilized in the manufacture of Mines. The term "Mines" means those devices defined in Article 2, Paragraphs 1, 4 and 5 of Protocol II annexed to the Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects of 1980. 20.2 Any breach of this representation and warranty shall entitle UNDP to terminate this Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of UNDP. 16 21.0 OBSERVANCE OF THE LAW: The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance of its obligations under the terms of this Contract. 22.0 23.0 SEXUAL EXPLOITATION: 22.1 The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of anyone by it or by any of its employees or any other persons who may be engaged by the Contractor to perform any services under the Contract. For these purposes, sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, shall constitute the sexual exploitation and abuse of such person. In addition, the Contractor shall refrain from, and shall take all appropriate measures to prohibit its employees or other persons engaged by it from, exchanging any money, goods, services, offers of employment or other things of value, for sexual favors or activities, or from engaging in any sexual activities that are exploitive or degrading to any person. The Contractor acknowledges and agrees that the provisions hereof constitute an essential term of the Contract and that any breach of this representation and warranty shall entitle UNDP to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind. 22.2 The UNDP shall not apply the foregoing standard relating to age in any case in which the Contractor’s personnel or any other person who may be engaged by the Contractor to perform any services under the Contract is married to the person less than the age of eighteen years with whom sexual activity has occurred and in which such marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel or such other person who may be engaged by the Contractor to perform any services under the Contract. AUTHORITY TO MODIFY: Pursuant to the Financial Regulations and Rules of UNDP, only the UNDP Authorized Official possesses the authority to agree on behalf of UNDP to any modification of or change in this Contract, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Contractor. Accordingly, no modification or change in this Contract shall be valid and enforceable against UNDP unless provided by an amendment to this Contract signed by the Contractor and jointly by the UNDP Authorized Official 17 Annex 4 Terms of Reference (TOR) Feasibility Study for Wastewater Management Options in the Strumica River Basin Background The Strumica River Basin (SRB) is characterized by spatial and temporal variability of water resources resulting from significant modifications to the basin’s hydro-morphological characteristics, the growing water demand for multiple purposes in the area and the changing climate conditions. The consequential considerable water deficit and the declining water quality and flow rates hamper the overall ecological integrity of the system and the services it provides to the society. Furthermore, the coverage with wastewater management service in the Basin is limited and is among the lowest in the country which puts additional pressure to the ongoing degradation processes and water-related hazards. Recent studies have confirmed that Strumica River Basin District (SRB) is amongst country’s most vulnerable regions, sensitive to global changes and pressures from human activities. The percentage of households connected to public wastewater collection system in the region equals 49%, with an uneven coverage between urban (92% coverage) and rural areas (14% coverage). Since there is currently no treatment of wastewaters in the Basin, urban/rural wastewater discharges together with industrial (there are 53 industrial operators in total at the moment eligible for environmental permitting) and other similar operations pose significant pressure to Basin’s water bodies caused by the emissions of various pollutants and are the key contributors to the degradation of the aquatic ecosystems. To tackle these and other pressing issues pertinent to SRB the six-year long Restoration of Strumica River Basin – Implementation of the Strumica River Basin Management Plan project has been launched to introduce a set of comprehensive measures to help restore SRB’s socio-ecological functions and its overall resilience against the aforementioned complex challenges. The project is funded by the Swiss Agency for Development and Cooperation (SDC) and implemented by UNDP in partnership with the Ministry of Environment and Physical Planning (MoEPP) and a long list of stakeholders at local and national level. Given the pressure this type of point-source pollution puts to the SRB environmental, a comprehensive set of measures to introduce more sustainable wastewater collection and treatment needs to be developed and implemented. In order to address these issues the project aims at strengthening the capacities of Basin’s municipalities to introduce low-cost small-scale decentralised wastewater treatment technologies with replication potential and supporting the mobilisation of additional resources by identifying the most feasible wastewater management solutions and formulating the necessary technical documentation. To be able to accomplish these ambitious set of objectives, UNDP now wishes to hire a qualified consulting company (hereinafter Contractor) offering an interdisciplinary expertise necessary to: a) prepare a wastewater management feasibility study and b) provide advisory support services to the selection process of the wastewater collection and treatment pilot project and prepare preliminary/conceptual designs for the selected wastewater systems. 18 This feasibility assessment project stage aims at creating a strong base for a gradual reduction of wastewater pollution from rural areas and will help support the authorities in identifying the most feasible localised wastewater management systems. This support will focus on the rural communities of the Basin (including Municipality of Konce) since the wastewater treatment for urban communities Strumica and Radovis and some nearby villages are already in the pipeline for a separate IPA funding – a process led by MoEPP. All tasks need to be carried out in a participatory manner through close involvement and regular cooperation with all relevant stakeholders (e.g., in the selection of groups of communities with and in accordance with project objectives, the pertaining EU regulations and national laws. Scope of Work The objective of this assignment is to provide comprehensive feasibility assessment and prepare preliminary/conceptual designs for development and implementation of wastewater management in rural communities in the SRB (total population of around 55,000). The work would include identification of efficient, practical and sustainable wastewater collection (sewerage systems) and (semi)-decentralized small-scale treatment solutions for the selected communities, currently not covered with wastewater management service. The feasibility study shall provide sufficient information on possible grouping of different villages and/or communities into one system, selection of appropriate wastewater treatment plants (WWTPs) micro locations, and selection of most feasible wastewater treatment technology(ies). The assignment also involves expert support to the selection process of the consequent pilot projects aimed at demonstrating the viability and benefits of a small-scale decentralised wastewater treatment system in selected two rural communities in SRB. The Contractor is expected to assist the selection process by establishing the selection criteria and participating in the selection of the most cost-effective treatment option(s) and locations and preparation of corresponding preliminary designs. Duties and Responsibilities Under the supervision of the Project Manager and the mandated national institutions, as well as regular coordination/communication with multiple stakeholders (SRB municipalities, local and national institutions) and other project experts, the Contractor shall be responsible for carrying out the following tasks: TASK I: PREPARATION OF A WASTEWATER MANAGEMENT FEASIBILITY STUDY The Contractor shall provide consulting services to prepare a feasibility study to evaluate and recommend appropriate wastewater management alternatives including wastewater management infrastructure and possible effluent reuse covering the communities in the SRB in accordance with limitations described in previous chapters. The activities in the task should include, but are not limited to: Baseline collection and analysis, including review of existing relevant project documentation (e.g., Strumica River Basin Management Plan, IPA projects for wastewater treatment systems in the urban centers of Strumica and Radovis, national level efforts for defining agglomerations for wastewater management and other) and coordination with other UNDP contractors with complementary responsibilities Technical, institutional, financial and economic feasibility analysis in order to make a specific choice of the most appropriate interventions and incorporating possible benefits of reuse 19 Analysis of possibilities for grouping of two or more distinct communities into one system (e.g. with separate sewerage networks and one WWTP) Provision of a comparative analysis of a minimum three alternative solutions for wastewater management and assessment of the technical, financial, social, and economic feasibility and sustainability and priority of each alternative, including the phasing of investments Screening and analysis related to environmental impacts and land related matters, such as land acquisition for public purposes Description of possible interventions, including physical investments anticipated over a planning horizon of several years with appropriate grouping periods for major investments and incorporating the strategies (national, local, existing or in process of development) for the longterm development of wastewater collection and treatment facilities in each of the respective communities in the SRB Identification of micro locations for each WWTP (regardless whether serving one or more communities) with description of preferred (most feasible) wastewater treatment technology. The selection of preferred solutions should be based on criteria proposed by the Contractor and agreed by the project beneficiary, and it should include, but not be limited to: technical (implementability, robustness, availability, flexibility to capacity/PE fluctuations, etc.), financial (least-cost / cost-effectiveness / financial NPV), environmental, institutional, affordability, sustainability, risk and other aspects Preparation of Terms of Reference for selection of design companies to provide services in developing detailed engineering designs sewerage networks and identified wastewater treatment options, for each selected community. TASK II: PROVIDING ADVISORY SUPPORT SERVICES TO THE SELECTION PROCESS OF THE WASTEWATER COLLECTION AND TREATMENT PILOT PROJECTS AND PREPARING PRELIMINARY DESIGNS In an attempt to promote the benefits and viability of wastewater treatment efforts the project will select two communities in which small-scale decentralised wastewater treatment systems will be demonstrated. The Contractor is expected to assist the selection process by drafting a comprehensive set of objective criteria which, in addition to technical requirements also include the ability of a community to operate the system, the willingness-to-pay for the new service and to co-finance its construction. The activities in the task should include, but are not limited to: Development of a set of selection criteria for choosing two cost-effective wastewater treatment systems (with corresponding locations) that are context-specific, objective and measureable and in addition to technical requirements of the wastewater treatment (ability to remove organic matter, nutrients, heavy metals and toxic compounds), financial and environmental also include the ability of a community(ies) to operate the system, the willingness-to-pay for the new service and to co-finance its construction Active participation in the preparation and carrying out of the selection process and provision of expert advice where necessary Development of preliminary design and corresponding technical documentation for the identified wastewater treatment options, for the two selected wastewater treatment systems. This includes field visits and field investigations and collection of all necessary information. 20 Main Outputs 1. Feasibility study for wastewater management in the rural areas of SRB (in Macedonian and English) 2. Terms of Reference for developing detailed engineering design for the sewerage networks and identified wastewater treatment options (in Macedonian and English) 3. Selection criteria for implementation of two wastewater treatment systems (in Macedonian and English) 4. Preliminary design and corresponding technical documentation for the two selected wastewater treatment systems (in Macedonian and English) 5. Various progress reports at different stages of the assignment (in Macedonian and English) Qualification Requirements The Contractor (company) shall have extensive experience in developing and managing complex projects in the area of wastewater management system design, infrastructure project design and feasibility assessment, environmental protection, water resources management and similar. It will have a record of minimum 5 projects of comparable nature and degree of complexity (e.g., feasibility studies for wastewater collection and treatment systems, engineering designs for wastewater collection and treatment systems or similar). List of projects to be submitted along with contact details for reference checking purposes (please indicate the e-mail addresses or telephone numbers of contact persons). The scope of work requires an interdisciplinary team of skilled professionals with previous experience in similar feasibility analysis and wastewater systems design/management projects. Team members will possess excellent relevant technical and language skills in order to successfully implement the assignment. The team of experts shall be able to respond to the requirements of the following mandatory areas of expertise: Team members and/or areas of expertise Qualification requirements o o 1. Team Leader/ Wastewater Treatment Expert o o 2. Feasibility Analyses Expert o Advanced university degree (minimum M.Sc.) in Civil / Hydraulic Engineering, mechanical engineering, chemical engineering, wastewater treatment or other related; advanced relevant degree will be considered an asset At least 10 years of experience in preparation and/or technical review of engineering designs for wastewater treatment processes, and/or feasibility studies for wastewater treatment systems Record of at least 5 relevant projects that include preparation and/or technical review of engineering designs and/or feasibility studies for wastewater treatment systems Team Leader of at least 3 relevant projects in terms of nature and complexity University degree in Economics, Environmental Economics, Business, Engineering or similar disciplines); advanced degree is considered an asset Estimated / provisional work-load (in expert-days) 85 40 21 o o o o 3. Senior Civil / Hydraulic Engineer o Minimum 10 years of experience in environmental economics, economic valuation of ecosystem services, cost-benefit analyses of environmental investment projects and similar Record of at least 7 relevant projects (cost-benefit analysis of environmental projects,: feasibility studies, environmental economics, economic valuation projects or similar) University degree in Civil / Hydraulic Engineering; advanced degree will be considered an asset At least 10 years of experience in preparation and/or technical review of engineering designs for hydraulic structures (sewer/drainage systems, water supply systems, wastewater treatment plants and similar). Record of at least 7 relevant projects that include preparation and/or technical review of engineering designs for hydraulic systems and structures (sewer/drainage systems, water supply systems, wastewater treatment plants and similar) 60 NOTES: The company shall indicate lead experts per areas of expertise. (they must meet the minimum qualification requirements) If the qualifications of certain expert correspond to the requirements of more than one area of expertise, than the expert can be proposed for that respective area, too The number of planned man-days per expert/area of expertise need to be indicated in companies’ proposals Failure to provide adequate expertise in all areas of expertise is considered grounds for disqualification The estimated number of required expert-days per areas of expertise is to serve for orientation purposes only. Companies may adjust the expert-days number in accordance with their proposed methodology and qualifications of the team members. Other staff and resources The Contractor will ensure that all other necessary staff and additional technical resources required for efficient finalization of the work will be provided (e.g., logistical support for organizing various meetings and conducting field work). Terms and Conditions Language The language of the required deliverables/outputs is indicted in the Main Outputs section above. All produced documents shall be subject to proofreading by qualified translators, while the quality of the final versions is subject to UNDP approval. Legal and other requirements The content of the requested documents shall conform to the pertaining relevant legislation in the country and the international best practices and models. Review and quality assurance Review of the deliverables may be carried out by an independent expert or expert team upon UNDP request. Relevant comments and suggestions made by the reviewer(s) will have to be integrated in the final versions of the deliverables. Duration of the assignment 22 Maximum available time for completion of tasks under this terms of reference is 7 months upon signing of the contract. Methodology Interested bidders must develop a methodology describing all the steps which will lead toward successful completion of all tasks. Besides the detailed elaboration of the company’s approach in fulfilling the requirements of the TOR, the technical proposal should provide information on the name of expert(s) per area of expertise and the total number of man-days for each expert allocated for each area of expertise. Additional costs The company should calculate the possible costs for acquiring various maps, layouts and other relevant documents or information required for successful finalisation of all tasks. UNDP shall not accept any additional expenses which are not included in the company’s financial offer. Reporting requirements The expert team will report to UNDP and national authorities through the Project Manager. Number and type of reports may be suggested by the company depending on the proposed methodology and approach and in accordance with the proposed deliverables/milestones of the process. Also, other reports highlighting certain important issues may be requested by the project management at various stages of work. Submission of data, reports and other material produced All primary data, reports, and other documentation produced during this assignment shall be made available to UNDP in electronic format on CDs. All data acquired and products developed in the course of the assignment will be in the ownership of UNDP and MoEPP and cannot be used by the Contractor and its team without prior written permission. Cooperation requirements The consulting team is expected to work closely with other experts and expert teams hired by UNDP on parallel/complementary activities. Consultations process The responsibility for facilitating the consultation process for the purposes of completion of tasks outlined hereto will be primarily responsibility of the Contractor. The responsibility for organizing field visits and working meetings will be shared between the Contractor and the project. The Contractor shall be responsible for: preparation of working material and agenda, ensuring participation of the key team members as required, communication/coordination with the invited stakeholders (if deemed necessary), preparation of minutes and etc. The project will be responsible for: distributing the invitations and ensuring adequate participation, selecting the venue, and for covering various associated costs such as rental of venues, travel and accommodation of participants, printing, refreshment, or similar. Payment schedule The payment will be processed in instalments based on the milestones defined in the contract and in accordance to the company’s proposed methodology and approach. 23 Annex 4 Evaluation procedure Cumulative score of technical and financial offers Technical Evaluation Criteria NOTE: Failure to meet these mandatory requirements is ground for disqualification of the offer Technical Evaluation Criteria Summary of Technical Proposal Evaluation Forms 1. Expertise of Firm / Organization Proposed Methodology, Approach and 2. Implementation Plan 3. Management Structure and Key Personnel Score Weight 25.72% Points Obtainable 180 35.71% 250 38.57% Total 270 700 A B C Technical Proposal Evaluation Form 1 D E Maximum Points obtainable Expertise of the Firm/Organization 1.1 1.2 Company profile and evidence of capacity/organization capability Extensive experience in developing and managing complex projects in the area of wastewater management system design, infrastructure project design and feasibility assessment, environmental protection, water resources management and similar. Record of minimum 5 projects of comparable nature and degree of complexity (e.g., feasibility studies for wastewater collection and treatment systems, engineering designs for wastewater collection and treatment systems or similar). List of projects to be submitted along with contact details for reference checking purposes (please indicate the e-mail addresses or telephone numbers of contact persons). 50 130 180 Technical Proposal Evaluation Form 2 Maximum Points obtainable Proposed Methodology, Approach and Implementation Plan 2.1 2.2 2.4 2.7 To what degree does the Proposer understand the task? Is the scope of task well defined and does it correspond to the TOR? Have the important aspects of the task been addressed in sufficient detail? Is the proposal based on a survey of the project environment and was this data input properly used in the preparation of the proposal? Is the presentation clear and is the sequence of activities and the planning logical, realistic and promise efficient implementation to the project? 70 70 60 50 250 Maximum obtainable points 3.1 Team Leader/Wastewater Treatment Expert Qualifications of the Lead Expert Advanced university degree (minimum M.Sc.) in Civil / Hydraulic Engineering, mechanical engineering, chemical engineering, wastewater treatment or other Max 8 for relevant Advanced Degree 10 24 related; advanced relevant degree will be considered an asset Max 10 for relevant PhD Degree Max 20 for 10 years At least 10 years of experience in preparation and/or technical review of engineering designs for wastewater treatment processes, and/or feasibility studies for wastewater treatment systems Max 30 for 11-14 years Record of at least 5 relevant projects that include preparation and/or technical review of engineering designs and/or feasibility studies for wastewater treatment systems Max 30 for 5 projects 50 Max 40 for 6-9 projects Max 50 for 10+ projects Max points: 3.2 40 Max 40 for 15+ years 100 Feasibility Analyses Expert Qualifications of the Lead Expert University degree in Economics, Environmental Economics, Business, Engineering or similar disciplines); advanced degree is considered an asset Max 8 for relevant University Degree Max 10 for relevant Advanced Degree Minimum 10 years of experience in environmental economics, economic valuation of ecosystem services, cost-benefit analyses of environmental investment projects and similar 10 Max 30 for 10 years 40 Max 35 for 11-14 years Max 40 for 15+ years Record of at least 7 relevant projects (cost-benefit analysis of environmental projects,: feasibility studies, environmental economics, economic valuation projects or similar) Max 25 for 7 projects Max 30 for 8-12 projects Max 35 for 13+ projects 35 Max points: 3.3 85 Senior Civil / Hydraulic Engineer Qualifications of the Lead Expert University degree in Civil / Hydraulic Engineering; advanced degree will be considered an asset Max 8 for relevant University Degree Max 10 for relevant Advanced Degree At least 10 years of experience in preparation and/or technical review of engineering designs for hydraulic structures (sewer/drainage systems, water supply systems, wastewater treatment plants and similar) 10 Max 30 for 10 years 40 Max 35 for 11-14 years Max 40 for 15+ years Record of at least 7 relevant projects that include preparation and/or technical review of engineering designs for hydraulic systems and structures (sewer/drainage systems, water supply systems, wastewater treatment plants and similar) Max 25 for 7 projects Max 30 for 8-12 projects Max 35 for 13+ projects Max points: Total Part 3: 35 85 270 Other staff and resources The Contractor will ensure that all other necessary staff and additional technical resources required for efficient finalization of the work will be provided (e.g., logistical support for organizing various meetings and conducting field work). Important note: UNDP reserves the right to withdraw the Request for Proposals without making a selection during the selection process, having ascertained that the financial proposals submitted to this bid are exceeding the set ceiling for this assignment. 25